Trial date set for May 2019 in Oklahoma lawsuit against drugmakers

OKLAHOMA CITY – A judge in Cleveland County set a trial date for Oklahoma’s lawsuit against major opioid manufacturers Thursday, setting the state ahead of the curve among its peers taking similar action to address the overdose and addiction crises within their borders.

Attorney General Mike Hunter announced the lawsuit against Purdue Pharma, Johnson & Johnson subsidiary Janssen Pharmaceuticals, Allergan and Cephalon on June 30. State officials accused the companies of breaking several laws, including the Oklahoma Medicaid False Claims Act, the Oklahoma Medicaid Program Integrity Act, the Oklahoma Consumer Protection Act and public nuisance laws; as well as fraud, deceit and unjust enrichment.

“When we announced the filing of this lawsuit back in June, we made it very clear we were committed to taking this case to trial,” Hunter said in an interview. “It’s not a sue-and-settle case. Their actions have resulted in the deaths of people, and they need to be held accountable.”

Hunter said that although the epidemic has spread throughout the state, Cleveland County represented the victims best. The outbreak hasn’t been limited to urban or rural areas, he said, and Cleveland County holds both.

In the past three years, nearly 3,000 Oklahomans have died from overdose deaths and more than 1,300 newborns have tested positive for substance exposure, according to a news release the attorney general’s office issued Thursday. In 2016, Oklahoma ranked first in the number of milligrams of opioids distributed per adult, and in the 14 counties surrounding Tulsa, there were enough opioids for every man, woman and child to have 90 pills.

This week was also consequential for the Cherokee Nation’s lawsuit against retailers who had sold similar drugs to its citizens.

The Cherokee Nation has already filed a similar lawsuit in tribal court. Instead of the drug manufacturers, the tribe sued retailers. The sovereign nation filed the lawsuit in April, naming Walmart, CVS, Walgreens and major drug distributors. On June 8, the companies argued in federal court the case doesn’t belong in tribal court and should be dismissed.

A Tulsa federal judge this week agreed with major drug distributors that said Cherokee Nation courts have no jurisdiction over them, according to the Associated Press. Cherokee Nation Attorney General Todd Hembree said Wednesday the tribe will move to an Oklahoma state court.

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